Legal Perspectives

Corporate entities under-utilize a valuable tool that remains available to protect their shareholders, partners, owners and others with an interest in the corporate form – the deemed offer to sell provision or a provision addressing the “involuntary transfer” of an interest in a corporate or other business entity. This provision can enhance the protections available, […]

The federal Sixth Circuit Court of Appeals issued a decision on February 9, 2018 that highlights the many challenges currently facing public universities and colleges’ efforts to comply with Title IX.[1] In John Doe v. Miami University, the Court held that a male student’s lawsuit against Miami University in Ohio and an individual administrator relating […]

On September 28, 2016, the Eleventh Circuit issued its decision in Calderone v. Scott, a case that had implications for Florida plaintiffs with wage claims against their employers.[1] In Calderone, former employees of the Lee County Sheriff’s Office brought suit against the Sheriff under the federal Fair Labor Standards Act (“FLSA”) and the Florida Minimum […]

In one of the first cases filed in Florida under the new Federal Defend Trade Secrets Act (“DTSA”), a federal court relied on precedent under Florida’s own Uniform Trade Secrets Act (“FUTSA”) to dismiss a complaint for misappropriation of trade secrets that sought relief under both statutes.[i] In M.C. Dean, Inc. v. City of Miami […]

The internet is a wonderful tool. So is a chainsaw, until it’s used to trim your fingernails. Entrepreneurs are understandably skeptical about spending money on something as mundane as form bylaws when hundreds of examples are available at the click of a mouse. In many cases, that approach works out fine. When it doesn’t however, […]

Banks have been one of the hardest hit and most scrutinized businesses in the financial crisis we all now refer to as the Great Recession. After two consecutive years in which there were no regulatory bank failures in this country, 2007 gave us the briefest glimpse of what was to come, with three (3) banks […]

If there remained a question of whether consenting in writing to be contacted on one’s cell phone constitutes “prior express consent” to receive calls at that number under the federal Telephone Consumer Protection Act (“TCPA”), it has been conclusively answered by the Eleventh Circuit Court in a recent opinion in Murphy v. DCI Biologicals Orlando, […]